Chief Justice Martha Koome has assembled a three-judge bench to oversee the cases challenging the impeachment process of Deputy President Rigathi Gachagua.
The appointed bench includes Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
The decision followed Justice Lawrence Mugambi’s acknowledgment that the petition filed by Gachagua, along with five other cases, raised significant constitutional issues requiring a multi-judge panel.
He noted the unprecedented nature of these cases, as they mark the first time in Kenyan history that a Deputy President faces impeachment, and highlighted the substantial public interest involved.
Justice Mugambi remarked, “With this being a unique case of its kind in Kenya, it is my belief that the matter warrants the input of a panel of judges.
The decision reached will serve as a critical reference for future cases.”
Mugambi explained that the three-judge bench would provide a well-rounded interpretation of the issues at hand, especially concerning whether existing laws allow adequate public involvement in the impeachment of a Deputy President.
He also pointed out the specific challenges identified by the petitioners, particularly regarding the National Assembly’s reliance on standing orders that, they claim, lack provisions for meaningful public participation.
The petitioners, including Gachagua, argued that the seven-day timeframe imposed for the impeachment process limited public engagement, failing to offer sufficient opportunities for public input.
They further highlighted the absence of a structured mechanism for verifying the outcomes of public participation within the existing standing orders.
Justice Mugambi concluded by emphasizing the importance of public involvement:
“Given the extensive public interest and the unique nature of this case, it is essential to establish if the current legal framework supports meaningful public participation in the Deputy President’s removal process.
This ruling will set a precedent for how future cases of this nature are approached.”
He also emphasized that the involvement of multiple judges is warranted, considering the high public interest and the importance of creating a framework for similar cases in the future.
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